Individual decision · SMV · 1 Apr 2024
The General Superintendency of Conduct Supervision orders the exclusion of the securities "First Issue of the Second Program of Negotiable Deposit Certificates Banco GNB Perú S.A." from the Public Registry of the Securities Market and rules in favor of their exclusion from the Securities Registry of the Lima Stock Exchange. The exclusion follows the total cancellation of the obligations arising from the securities, which were registered for up to S/ 100,000,000.00. No public offer of purchase for exclusion is required because the exclusion falls within an exception. The resolution is to be disseminated and transcribed to Banco GNB Perú S.A., Credicorp Capital Servicios Financieros S.A., the Lima Stock Exchange S.A., and CAVALI S.A. I.C.L.V.
Electronic document digitally signed within the framework of Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
Lima, 01 de abril de 2024
The General Superintendent of Conduct Supervision
File No. 2024008834, as well as Internal Report No. 362-2024-SMV/11.1, from the General Directorate of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
Whereas, by means of a document submitted on 29 February 2024, Banco GNB Perú S.A. requested from the Superintendency of the Stock Market – SMV, through the Single Window system, the exclusion of the securities designated «Primera Emisión del Segundo Programa de Certificados de Depósitos Negociables Banco GNB Perú S.A.» (First Issue of the Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.), which were registered and placed within the framework of the «Segundo Programa de Certificados de Depósitos Negociables Banco GNB Perú S.A.» (Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.), in the Public Registry of the Stock Market and the Securities Registry of the Lima Stock Exchange, due to the total cancellation of the obligations arising therefrom;
Whereas, it has been verified that on 26 March 2019, within the framework of an advance procedure and under an automatic approval procedure, through the e-prospectus system, the issuance program designated «Segundo Programa de Certificados de Depósitos Negociables Banco GNB Perú S.A.» (Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.) was registered, for up to a maximum amount in circulation of US$ 100’000,000.00 (One Hundred Million and 00/100 United States of America Dollars) or its equivalent in Soles, and the corresponding Master Prospectus was registered in the Public Registry of the Stock Market;
Whereas, on the same date, within the framework of the aforementioned issuance program and under an automatic approval procedure, the securities designated «Primera Emisión del Segundo Programa de Certificados de Depósitos Negociables Banco GNB Perú S.A.» (First Issue of the Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.) were registered, for up to a maximum amount in circulation of S/ 100’000,000.00 (One Hundred Million and 00/100 Soles), and the respective Master Prospectus Supplement was registered in the Public Registry of the Stock Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;
That, in accordance with the provisions of article 20, numeral 20.1, of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by SMV Resolution No. 031-2012-SMV/01 and its amendatory norms, the SMV forwarded the
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its Regulation and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
exclusion request to the Lima Stock Exchange S.A., without said entity having made observations to the documentation submitted;
That, from the evaluation of the documentation submitted by Banco GNB Perú S.A., the submission of the documents referring to the total cancellation of the obligations derived from the securities «First Issue of the Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.» has been verified;
That, Banco GNB Perú S.A. has complied with submitting the information and documentation required by the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF; as well as by the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, for the purposes of the exclusion of the securities called «First Issue of the Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.»;
That, article 39, literal b), of the Single Ordered Text of the Securities Market Law; as well as articles 20 and 23 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, establish that the exclusion of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the SMV, when the extinction of the rights over the security occurs, by amortization, total redemption or another cause;
That, with respect to the obligation to carry out a Public Offer of Purchase for Exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in article 41 of the Single Ordered Text of the Securities Market Law and in article 32 of the Regulation of Public Offer of Acquisition and Purchase of Securities for Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amendatory norms, it must be noted that the exclusion of the securities «First Issue of the Second Program of Negotiable Certificates of Deposit Banco GNB Perú S.A.» is within the exception cause for the non-carrying out of an OPC, contemplated both in article 23 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, and in article 37, literal a), of the Regulation of Public Offer of Acquisition and Purchase of Securities for Exclusion;
That, article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, Legal Norms of General Character, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms, establishes that the decisions contained in administrative resolutions that resolve the exclusion of securities from the Public Registry of the Securities Market must be disseminated through the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and,
In accordance with the provisions of article 39, literal b), of the Single Ordered Text of the Securities Market Law; articles 19, 20, 21 and 23 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange; as well as article 46, numeral 6, of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendments, which
Signed by: GODOS GARCIA Alix Fernando | Reason:
empowers the General Superintendency of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.
Article 1°.- Order the exclusion of the securities called «First Issue of the Second Program of Negotiable Deposit Certificates Banco GNB Perú S.A.», corresponding to the «Second Program of Negotiable Deposit Certificates Banco GNB Perú S.A.», from the Public Registry of the Securities Market.
Article 2°.- Rule in favor of the exclusion of the securities indicated in the preceding article, from the Securities Registry of the Lima Stock Exchange.
Article 3°.- Disseminate this resolution on the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 4°.- Transcribe this resolution to Banco GNB Perú S.A., as issuer; to Credicorp Capital Servicios Financieros S.A., as structuring entity; to the Lima Stock Exchange S.A.; and, to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate.
Alix Godos
General Superintendent
General Superintendency of Conduct Supervision
Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
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The documents this one cites, and the documents that cite it.
“approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms”
“in accordance with the provisions of article 20, numeral 20.1, of the Regulation for Registration and Exclusion of Securities... approved by SMV Resolution No. 031-2012-SMV/01 and its amendatory norms”
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